Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-02-12
THETA LAWS.
The History Of Virginia and This State on
the Subject of Exemption Delegate
Chew's Answer to HagAnS' FallaelOus
ume

The History OF Virginia and ms STATE On
the Subject of Exemption Delegate
Chew's Answer to Hagans' FallaelOus
Argument.
Special Correspondence ofte RsgLser.
CHARLESTON, W. VA, February 10
The discussion of the tax law and the ex-
emptions contemplated by the Constltu-
ton and that of the statutes Of this State
brought out considerable discussion IN the
House of Delegates last week, especially
when Hagans, of MoBOngalia, attempted
to defeat Chipley's bill making the statute
conform with the Constitution on the sub
iect of exemptions. We here append Mr..
Chew's argument, delivered in the House
on Tuesday last, in support OF the bill and
i'm answer TO Hagans' position that the
statute WAS in accordance with the Constr
tuition.
Mr.. Chew called attention to the argu-
ment of the gentleman from MOnongalla
based almost exclusively on the assertion
that West Virginia in passing the Statute
exempted live stock, manufactured prod
uctS, etc, followed the example OF old
Virginia, whose Constitution had a clause
similar to the provision in that OF West
Virginia, In this he is in error, as / find
this clause in the Constitution Of 1867
''Other taxable property may he exempted
from taxation by the vote Of a majority OF
the whole number of members elected to
each house of the General Assembly"
The Constitution of 1863 provides that all
property shall be taxed, but adds the
follOwing-''but property used for educa-
tional. literary, scientific, religious or
charitable purposes and public property
nav by law be exempted from taxation"
The constitution of 1872 followed that Of
1868 except that the word cemeteries was
added. II will be apparent to the mem-
hers of this body that the Legislature OF
Virginia in passing a law exemptins farm
products confOrmed to the constitution Of
its State. Not so with the West Virginia
Legislature. No one claimed in the dis
custom that followed Governor JacksOn's
assessment order that the statute was in
accord with the constitution, but some dis
puted the rightOf the executive to cOnStrue
the eOnstitutiOnality of law, holding it to
be his duty to execute the lawsas he found
them.
The question as to the justice or prOpri-
ETY. of eXempting certain property, II seems
to me, has nothing to do with this ques-
ton. That could properly be considered
after the repeal OF this statute. While /
don't propose to discuss this feature | will
saw rs a representative OF the farmers and
laborers of this State | would oppose it, as
| don't see that their interest demands it.
For myself | want what | own taxed, and
want TO see others bear their full and Just
share of the burdens OF Govern
mcnt. i am surprised that the
gentleman from MOnongalia was not bet
ter acquainted with the Constitution of
Virginia, and still more surprised to find
him battling against the repeal Of the
Statute, as if | am accurately informed, he
not only advocated the insertion OF the
clause | have referred to in the Constitu-
ton of lST2, hut moved himself its inSer-
ton, and with the aid of W. L. Wiley,
both leaders in the Republican party,
urged its adoption. The simple question
here presented is. will this Legislature re-
! peal u Statute plainly obnoxious the Con-
stitutiOn! / was one of those who opposed
in the last Legislature the submission
OF a Constitutional Amendment eX-
empting any property other than that now
exempt. There has been a great change
since then. All Democrats on this floor,
many o fthem famous, are for the repeal,
and | hope Republicans will at least be
divided. am sure they will. The queS'
ton of politics has been lugged into this
debate. Ii seems To me To have nothing
to do with it; but if it had, | would say
that feel that the great party to which !
belong, in order to maintain its supremacy,
which / am sure il will, can not afford tC
be anything but right, and it il to me
plainly right, and in fact obligatory under
oath members take to repeal this statute